Amendment 405· Digital Omnibus proposal Recital 43d (new)

(43d)The processing of electronic communications data can be useful for businesses, consumers and society as a whole. However, users attach great importance to the confidentiality of their communications, including their online activities, and they want to control the use of electronic communications data for purposes other than conveying the communication. Regulation (EU)2016/679 should require providers of electronic communications services to obtain users' consent to process electronic communications metadata, which includes data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36.